Open AccessPrinciple of Dispositivity: Theoretical and Practical Aspects of the Interaction between Material and Civil Procedural Law
Author(s) -
Е. Е. Уксусова
Publication year - 2022
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.88.12.106-119
Subject(s) - law , plaintiff , action (physics) , procedural law , element (criminal law) , civil procedure , philosophy of law , civil code , political science , comparative law , physics , quantum mechanics
The author, proceeding from the fact that specialization of civil procedural law in the Russian is set by the invariable perspective of his action for the administration of justice and protection of rights in civil cases, and the claimant legal proceedings is his classic “image” in action in accordance with the procedural code, refers to the characteristics of certain phenomena of procedural law and the specics of their cognition, when they coexist and interact with the phenomena of material law, through the context of the principle of dispositivity, when specifying the scope of its action and content as the legal basis of legal proceedings, the leading element of which is the right of access to court, in turn, its universal form is the right to ling a claim. It is indicatively emphasized that the characteristic of the legal basis of legal proceedings in the composition of the reducible phenomena is not limited to the phenomena of procedural-legal nature, requiring special attention to the cognitive problem of the connection of legal proceedings with the phenomena of the material-legal order.